State v. Albino

Summary

The court dismissed the state's appeal because the state was not aggrieved by an affirmed conviction, but considered the state's prosecutorial-misconduct argument as an alternative ground for affirmance. It held that several prosecutorial comments were improper, including appeals to emotion, attacks on defense counsel, improper bolstering, and a cumulative argument suggesting that acquittal required rejecting every witness, but concluded that the improprieties did not deprive the defendant of a fair trial because the defendant did not object, the court gave mitigating instructions, and the evidence of guilt was strong. The judgment affirming the murder conviction was therefore affirmed. No separate opinions were filed.